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FERGUSON v. CITY OF NEW YORK

Index No. 157402/17. Appeal No. 16692. Case No. 2022-00956.

210 A.D.3d 527 (2022)

178 N.Y.S.3d 46

2022 NY Slip Op 06549

Tanya Ferguson, Appellant, v. City of New York, Respondent, et al., Defendants.

Appellate Division of the Supreme Court of New York, First Department.

Decided November 17, 2022.

Attorney(s) appearing for the Case

William Schwitzer & Associates, P.C., New York ( Travis Wong of counsel), for appellant.

Sylvia O. Hinds-Radix , Corporation Counsel, New York ( Benjamin H. Pollak of counsel), for respondent.

Concur—Kapnick, J.P., Webber, Friedman, Gesmer, Singh, JJ.

Order, Supreme Court, New York County (Lyle E. Frank, J.), entered August 23, 2021, which granted the motion of defendant the City of New York for summary judgment dismissing the complaint as against it, unanimously affirmed, without costs.

Plaintiff alleges that in February 2017, as she was walking on the pedestrian walkway through the overpass at East 108th Street and Park Avenue, she slipped on ice on the walkway and fell. According to plaintiff, while it was cold...

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